Kang Haggerty LLC is pleased to announce that four of the firm’s attorneys have been selected for inclusion in The Best Lawyers in America© 2023. Congratulations to Henry J. Donner, Gregory H. Mathews, Kandis L. Kovalsky and Kyle T. Garabedian. Continue reading ›
Articles Posted in Commercial Transactions
Five Kang Haggerty Attorneys Named to Super Lawyers, Rising Stars List for 2022
Kang Haggerty is pleased to announce that Edward T. Kang, Jacklyn Fetbroyt and Henry J. Donner have been selected to the 2022 Pennsylvania Super Lawyers list. Kandis L. Kovalsky and David R. Scott have been selected to the 2022 Rising Stars list. Continue reading ›
Transactional PAC CLE: From Brick and Mortar to Change or Mortem: The Transformation and Redevelopment of Malls’ Dead Space
Presented by Jacklyn Fetbroyt and Sharon Lewonski at the 2022 NAMWOLF Driving Diversity Leadership Conference.
Join the Transactional PAC for a discussion regarding the failure of traditional malls in America, including its causes, trends in redevelopment plans (from Mega Churches to Experiential Entertainment and Lifestyle Centers), actions of local governments, developers, and retailers, and the role of the real estate lawyer in the overhaul and redevelopment process.
Fetbroyt Speaks at National Business Institute Advanced Business Contracts Seminar
A good contract is more than an outline of expectations between parties, it sets the foundation for the business relationship. It also serves as a reference in the event of misunderstandings and disputes. Kang Haggerty founding member Jackie Fetbroyt will serve as a faculty member for the upcoming National Business Institute seminar on December 6, 2021 – Advanced Business Contracts: Secrets Only the Top Attorneys Know. This online event focuses on refining attorneys’ contract drafting skills and negotiation strategies that will ensure the best possible outcomes for their clients. To learn more about the NBI seminar or to register, click here.
Legal Intelligencer: Significant Recent Changes to the Delaware Limited Liability Company Act
This column examines these amendments, the history behind Delaware’s prominence in the realm of corporate law, and discusses some key differences between LLCs and corporations.
In the October 14, 2021 editions of The Legal Intelligencer and the Delaware Business Court Insider Edward T. Kang, managing member of Kang Haggerty wrote “Significant Recent Changes to the Delaware Limited Liability Company Act.”
Delaware Senate Bill 114, recently enacted and effective as of Aug. 1, includes substantial additions and amendments to the Delaware Limited Liability Company Act (the LLC Act). In addition to several amendments meant to supersede recent case law, these amendments also contained further guidance regarding the operations of a Delaware public benefit LLC. This column examines these amendments, the history behind Delaware’s prominence in the realm of corporate law, and discusses some key differences between LLCs and corporations. Continue reading ›
Jacklyn Fetbroyt Speaks at Pennsylvania Bar Institute’s Annual Real Estate Institute 2020
Malls are seemingly at the epicenter of the business news cycle each day, from COVID-related shopping limitations to chain store bankruptcies and slowed real estate transactions. Kang Haggerty founding member Jackie Fetbroyt serves as moderator and panelist for the plenary session of the Pennsylvania Bar Institute’s Annual Real Estate Institute on December 4th, 2020 — From Brick and Mortar to Change or Mortem: The Transformation and Redevelopment of Malls’ Dead Space, featuring a discussion regarding the failing of traditional malls in America, including its causes, trends in redevelopment plans (from Mega Churches to Experiential Entertainment and Lifestyle Centers), actions of local governments, developers, and retailers, and the role of the real estate lawyer in the overhaul and redevelopment process. To learn more about the CLE program and to register, click here.
Kang and Kovalsky Present CLE for Strafford Publications: D&O Indemnification Provisions in Corporate Governance Documents: Implementing 2020 DOJ Guidance
This CLE webinar will provide corporate counsel with guidance for drafting director and officer (D&O) indemnification provisions in bylaws, LLC operating agreements, limited partnership agreements, and other governance documents as well as contractual indemnification agreements. The panel will also discuss how indemnification provisions interact with a company’s D&O insurance policies. Panelists include Kang Haggerty managing member Edward T. Kang and Kang Haggerty member Kandis L. Kovalsky, with Brian H. Mukherjee, Counsel, Goodwin Procter.
D&O Indemnification Provisions in Corporate Governance Documents: Implementing 2020 DOJ Guidance is presented by Strafford Publications. The webinar will take place Tuesday, November 17th from 1-2:30 pm EST.
Kang Haggerty Garners National Ranking from U.S. News “Best Law Firms” 2021
has received national recognition for its Construction Law practice in the U.S. News – Best Lawyers® “Best Law Firms” 2021. In addition, the firm was recognized in the Philadelphia Metropolitan listings for Commercial Litigation and Construction Law.
Firms included in the 2021 Edition of U.S. News – Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. To be eligible for a ranking, a ﬁrm must first have a lawyer recognized in The Best Lawyers in America©, which recognizes 5% of lawyers practicing in the United States. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.
The 2021 rankings are based on the highest lawyer and firm participation on record, incorporating 8.3 million evaluations of more than 110,000 individual leading lawyers from more than 22,000 firms.
COVID-19 AND CONTRACT MANAGEMENT: Performance Obligations and Force Majeure
As a commercial transactional lawyer, I often speak to my clients and colleagues about contract management. While I am usually heavily involved in many stages of the contract lifecycle – most notably, negotiations, drafting, closings and amendments – the real work (and most problems) arise during contract performance, which is the time the contracting company is typically “on its own.” I stress to my clients that competent management of contracts post-execution is critical: your management team needs to know its contractual obligations: due dates and milestones, payment terms, and areas of performance. Who’s doing what, when, and for how much? I recommend companies appoint a contract manager to maintain each contract and its pertinent information, and create a database of performance, payment, and other obligation information, along with applicable deadlines and a “tickler” system.
Now, in the wake of COVID-19 and its tremendous impact on businesses, it is important to pull out those databases, and update them with information particular to the current state of operations – yours and your contracting partners. Continue reading ›
CLE for Pennsylvania Bar Institute: The Complex Commercial Case in Arbitration 2020
Kang Haggerty Managing Member Edward T. Kang and Member Kandis L. Kovalsky are both presenters in an upcoming CLE on the advantages and disadvantages of using arbitration as a resolution mechanism for complex commercial cases. Kandis also serves as Course Planner.
This 3-hour CLE will review the history of arbitration and the United State’s growing trend favoring arbitration. The panel, comprised of experienced practitioners and arbitrators, will discuss the preliminary conference, discovery, awards as well as considerations for increasing the efficiency in arbitration. Continue reading ›